Courts & Litigation Criminal Justice & the Rule of Law

Trump Files Motion to Dismiss Jan. 6 Case on Statutory Grounds

Caleb Benjamin
Tuesday, October 24, 2023, 11:39 AM
He argues that the government has failed to allege elements required under the charged statutes.

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On Oct. 23, former President Donald Trump filed a motion to dismiss the special counsel’s Jan. 6 case against him on statutory grounds.  

Trump argues that Count One, the conspiracy to defraud the United States, 18 U.S.C. § 371, should be dismissed because the government fails to allege “deceit and trickery” as required under the statute. He then argues that Counts Two and Three—conspiracy to obstruct an official proceeding, 18 U.S.C. § 1512(k), and obstruction and attempted obstruction of an official proceeding, 18 U.S.C. § 1512(c)(2)—must be dismissed because the statute requires destruction of records, which the government does not allege. 

You can read the filing here or below:

Caleb Benjamin was Lawfare's fall 2023 editorial intern. He holds a B.A. with high honors in government from Dartmouth College.

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